Category Archives: Employment Law

Health and Safety Changes – Directors need to act now!

New Zealand’s biggest health and safety reform in 20 years is one step closer. The object of the changes is to improve New Zealand’s appalling record in workplace safety. The independent task-force identified that health and safety needs to be driven from the very top.
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Employer Ordered to Provide Applicants’ CVs to Unsuccessful Applicant

Alpine Energy Ltd was ordered to hand over the names, CVs, qualifications and reference information attaching to job applicants, to an unsuccessful applicant who claimed he had been discriminated against (refer Waters v Alpine Energy Ltd, 20 February 2014).
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Out of Work Behaviour a Problem?

As a rule, conduct by an employee out of work hours does not justify disciplinary action unless there is a material connection between the conduct and damage to the employer.
Scenarios where an employee’s off duty conduct gives rise
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Dismissal for “out of work” Behaviour

A recent case Hallwright v Forsyth Barr Ltd has provided further insight into the court’s approach to misconduct occurring outside the workplace.

Misconduct outside the workplace may justify a dismissal. However, employers should take care to act reasonably in the circumstances and to follow a fair process. This may include…
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Increasing your Company’s Productivity

One of the most rewarding ways to increase your organisations’ productivity is to increase your own happiness and then the happiness of your employees.

Ground-breaking research shows us that happy people are more creative, solve problems more effectively and efficiently…
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Restraint of Trade Clauses in Employment Agreements

A restraint of trade clause in an employment agreement may be used to prevent an employee competing with an employer, and be used to restrict an employee from soliciting an employer’s clients, suppliers and employees.

Without a clause expressly setting out the terms of restraint, an employee is generally free to work for a competitor, or
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More Detail required on Medical Certificates

According to a recent NZ survey 70% of employers are not satisfied with the medical certificates they receive from employees taking sick leave. Specifically employers are concerned that: doctors are issuing medical certificates without medical cause; …
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Redundancy Law Turned on its Head

Up until now, an employer has had a right to structure its business in any way it wishes, and the Authority or Court has not been entitled to enquire further into the business reasons behind a restructuring proposal.

This long established view has been turned on its head by a recent decision from the Employment Court.
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New Case on Incompatibility in the Workplace

The Employment Court recently held that a dismissal for incompatibility based on an employee’s confrontational and belittling behaviour at work was justified – Walker v ProCare Health Ltd.

ProCare employed Ms Walker for approximately 2 years, and she was the Company’s financial controller at the time her employment was terminated for incompatibility.
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Staff That Do Not Get On With Each Other?

Staff that do not get on with each other create a real headache for employers. Productivity is slowed down. Staff morale is low. Management time is wasted on dealing with smoothing the waters.

This issue is a significant and common problem. Many employer clients seek my assistance on this issue as they become exasperated with what to do about the problem.
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